10 Jun 2022
REDLAND PRECAST CONCRETE PRODUCTS (CHINA) LTD v. AES STEEL MOULD (HONG KONG) LTD
- Citation
- [2022] HKCFI 1731
- Court
- Court of First Instance
- Case number
- HCCT20/2018
The Court accepted the SJE's expert conclusions that the majority of alleged defects were not caused by the Defendant's design or fabrication but by Plaintiff's mishandling, lack of maintenance and production practices; the Plaintiff failed to discharge the burden of proof and failed to engage the SJE for clarification or cross-examination; accordingly Plaintiff's claims are dismissed except for a narrowly assessed award of CNY28000, and the Defendant's counterclaim for unpaid sums and additional works is allowed in full.